- (1.) These appeals raise an interesting question relating to the interpretation of Section 12 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the said Act'). The appeals by the State of Andhra Pradesh, are directed against the judgment and order of a learned Single Judge of the Andhra Pradesh High court whereby he dismissed the revision petitions filed by the appellants against the order of the Andhra Pradesh Land Reforms Appellate tribunal directing the appellants to hand over possession of 294 acres of land to the respondents.
(2.) Briefly stated, these are the relevant facts: The respondents entered into an agreement to sell the land in appeal, admeasuring 294 acres, to M/s Challapalli Sugar Limited and in pursuance thereof handed over possession of the said land to the said company. The said company filed a declaration under the provisions of the said Act declaring surplus land held by it, which included the said land. The respondents contended that since the title to the said land had not passed to the said company they remained the owners thereof and were entitled to the reversion of its possession to them under Section 12 (4 of the said Act. The Primary Land tribunal held against the respondents but the Appellate tribunal and the High court held in their favour,
(3.) It is necessary to note the provisions of Section 3 (1 of the said Act which defines "holding" to mean "the entire land held by a person as an owner; as a limited owner; as a usufructuary mortgagee; as a tenant; who is in possession by virtue of a mortgage by conditional sale or through part performance of a contract for the sale of land or otherwise. . ". Section 12 of the said Act reads thus: "12.Reversion and vesting of land surrendered. (1 Where any land is surrendered or is deemed to have been surrendered under this Act by any usufructuary mortgagee or tenant, the possession of such land shall subject to such rules as may be prescribed revert to the owner. 423 (2 The owner to whom the possession of the land reverts under Ss. (1) from an usufructuary mortgagee shall be liable to pay the mortgage money due to usufructuary mortgagee in respect of that land with interest at the rate of six per cent per annum from the date of such revision, and the said land shall continue to be the security for such payment. (3 The owner to whom the possession of the land reverts under Ss. (1 from a tenant shall be entitled to receive from the tenant rent due for the period ending with the last crop harvested by such tenant. (4 Where any land is surrendered or is deemed to have been surrendered under this Act by any person in possession by virtue of a mortgage by conditional sale or through a part performance of contract for sale or otherwise, the possession of such land shall subject to such rules as may be prescribed, revert to the owner. (5 The owner to whom the possession of the land reverts under Ss. (4 shall be liable to discharge the claim enforceable against the land by person in possession : and the land surrendered shall if held as a security, continue to be the security. (5-A) Where any land is surrendered or is deemed to have been surrendered under this Act by any limited owner, the possession of such land shall, subject to such rules as may be prescribed, revert to the person having a vested interest in the remainder and such person shall be liable to discharge the claim enforceable against the land by the limited owner; and the said land shall, if held as a security, continue to be the security. (Sub-section 5-A is added as per Amendment Act No. 10 of 1977. (6 Notwithstanding anything contained in this section, where any land surrendered by an usufructuary mortgagee or a tenant or a person in possession referred to in Ss. (4, is also a land surrendered by the owner, the provisions of Section 11 shall apply. "section 11 states that where any land is surrendered or is deemed to have been surrendered under the said Act by an owner, the Revenue Divisional Officer may, subject to such rules as may be prescribed, by order, take possession or authorise any officer to take possession of such land, which shall thereupon vest in the government free from all encumbrances from the date of such order. Section 10 (5 entitles a tribunal to refuse to accept the surrender of any land in the circumstances therein stated.;